Foreclosure · November 6, 2026 · 7 min read

Facing foreclosure in Florida: you can still sell before the sale date

Published by BIMINIO Properties, a company that buys houses for cash in Florida and Arizona.

A one-storey Florida house with a palm tree and a long lawn on a sunny day

A foreclosure notice is frightening. Keep opening the mail anyway, because the dates in it matter. In Florida, the house stays yours until the foreclosure sale, and the law gives you a set period to pay off the loan and stop the sale. Selling the house yourself is one way to raise that money.

How a Florida foreclosure moves

Florida foreclosures go through the courts. The order of events for a loan on your main home:

You miss payments. A federal rule, 12 CFR 1024.41(f), says the company that collects your mortgage may not start a foreclosure until the loan is more than 120 days behind. There are a few exceptions, and the rule does not apply to reverse mortgages.
The lender files a lawsuit. It also records a notice in the public records that the case exists. That notice matters later, for surplus money.
The court enters a judgment. The judgment states the amount you owe and sets a sale date.
The clerk holds the sale. After the auction, the clerk files a certificate of sale.

Your right to stop the sale

Florida Statutes section 45.0315 is short. It says the owner, or anyone holding a later lien, may "cure the mortgagor's indebtedness and prevent a foreclosure sale" at any time before the later of:

the clerk filing the certificate of sale, or
the time set in the judgment.

To cure, you pay the amount in the judgment. If there is no judgment yet, you pay what is due under the loan, including any amount the lender has made due early, plus its reasonable foreclosure costs and attorney fees up to that date. The section ends with: "Otherwise, there is no right of redemption."

Plan to finish before the sale date, since the clerk files the certificate of sale after the auction. If you do not have the judgment amount in the bank, a sale of the house can pay it.

Have a sale date on the calendar? A written cash offer comes within 24 hours, with the comparable sales we used. There is no cost and no obligation.

Call or text (813) 729-8998

How selling before the sale works

When you sell, the title company asks your lender for a payoff letter. That letter states the exact amount needed to close the loan on a given day. At closing, the title company pays the lender from the sale, and you receive what is left.

Three things decide whether a sale before the auction works:

Time. The sale has to close before the deadline in section 45.0315. A buyer who needs a bank loan, an appraisal and weeks of showings may not finish in time. A cash buyer with no loan to wait for can close in days once the title is clear.
Equity. If the house is worth more than the payoff plus other liens, a sale pays everything and leaves money for you. If you owe more than the house is worth, the lender has to agree to accept less. That is called a short sale, and it takes the lender's written approval.
Other liens. Second mortgages, tax liens, code fines and HOA claims are also paid from the sale. Tell the buyer about each one early.

Run your numbers with the net proceeds calculator before you decide.

If the house is sold at auction

Sometimes the auction brings in more than the judgment and costs. Section 45.032 calls the extra money "surplus." The law presumes the surplus belongs to the person who owned the house on the date the lender filed its notice of the lawsuit, after paying lienholders who filed claims in time.

Two points from section 45.032 to know:

Surplus that is still with the clerk 1 year after the sale is presumed unclaimed and is sent to the state's unclaimed property program, unless a court case about it is pending.
The owner's claim form in the law says, in capital letters, that you are not required to have a lawyer and do not have to sign your rights over to anyone to claim money you are owed.

If anyone offers to claim the surplus for you in return for a share of it, read section 45.032 before you sign.

What the surplus claim form asks you to swear

Section 45.032 includes a claim form an owner can use for surplus. You sign it under oath in front of a notary. On it you confirm:

You owned the house before the sale and on the date the lawsuit notice was filed.
You owe nothing on any other mortgage on the house, apart from the one the foreclosure paid.
You owe no unpaid judgment, tax warrant, condominium lien, cooperative lien or homeowners' association claim.
You are not in bankruptcy.
You have not sold or signed over your right to the surplus.
Your new address, and, with several owners, how the money should be split.

If another person may be entitled to part of the money, for example the holder of a second mortgage, the court sets a hearing to decide who gets it. A surplus below $10 goes to the clerk.

Once the surplus has gone to the state, section 45.032(3)(c) says only the owner of record that the clerk reported, or a beneficiary of a deceased owner, can claim it. Keep your new address on file with the clerk so the money can find you.

A plan for the next two weeks

Find the case number and the sale date on the court papers you received.
Ask your lender, in writing, for a payoff or reinstatement amount.
Talk to a Florida lawyer or a HUD-approved housing counselor about your choices.
Get a written cash offer, so you know what a sale would leave you.
Compare: keep the house and pay, sell before the sale, or let the case run.

How BIMINIO handles a foreclosure sale

We buy houses in Tampa, Miami, Orlando and Lakeland in any condition. A cash offer is below full market value. In return, there are no repairs, no showings and no loan for a bank to approve.

You get a written offer within 24 hours, with the comparable sales we used and proof of funds. A licensed title company orders the payoff from your lender and pays it at closing. You pick a closing date from 7 to 35 days out, and we pay the closing costs. Read more on our page for owners behind on payments or facing foreclosure.

Thinking about selling? BIMINIO buys houses in Florida and Arizona as is. A written offer comes within 24 hours, and you pick the closing date.

Sources

Florida Statutes (2026), section 45.0315: right of redemption, read November 8, 2026
Florida Statutes (2026), section 45.032: disbursement of surplus funds after judicial sale, read November 8, 2026
Code of Federal Regulations, 12 CFR 1024.41: loss mitigation procedures, read November 8, 2026
Code of Federal Regulations, 12 CFR 1024.30: scope, read November 8, 2026

Situations this helps with

Behind on payments or facing foreclosure

Guides

This post is general information. BIMINIO does not give legal, tax or financial advice.

Questions and answers

Can I sell my house in Florida after a foreclosure case has started?

Yes. You still own the house until the foreclosure sale. A sale that pays off the loan amount in the judgment, or the full amount due if there is no judgment yet, ends the case. The title company asks your lender for a payoff letter and pays the lender from the sale at closing.

When does my right to stop a Florida foreclosure end?

Florida Statutes section 45.0315 says you can pay and prevent the sale at any time before the later of two moments: the clerk filing the certificate of sale, or the time set in the foreclosure judgment. The clerk files the certificate after the auction, so plan to finish before the sale date.

How much must I pay to stop the sale?

Under Florida Statutes section 45.0315, you pay the amount in the judgment. If there is no judgment yet, you pay everything due under the loan, including amounts the lender has made due early, plus the lender's reasonable foreclosure costs and attorney fees up to that date. Ask your lender for the figure in writing.

What happens to extra money if my house sells at the foreclosure auction?

Florida Statutes section 45.032 calls the extra money surplus. The owner on the date the lender filed its notice of the lawsuit is presumed to be the person entitled to it, after lienholders who filed claims in time are paid. Surplus not paid out within 1 year after the sale is reported to the state as unclaimed.

Do I need a company to claim foreclosure surplus for me?

No. The claim form in Florida Statutes section 45.032 says the owner is not required to have a lawyer and does not have to sign their rights over to anyone else to claim money they are owed. If anyone offers to claim the surplus for a share of it, read section 45.032 before you sign.

Does BIMINIO buy houses in foreclosure?

Yes, in Tampa, Miami, Orlando and Lakeland, in any condition. BIMINIO sends a written offer within 24 hours, with the comparable sales we used and proof of funds. A licensed title company pays your lender from the sale at closing, on a date you pick from 7 to 35 days out, and we pay the closing costs.

Can a second mortgage holder stop a Florida foreclosure sale?

Yes. Florida Statutes section 45.0315 gives the right to cure to the mortgagor or the holder of any subordinate interest, such as a second mortgage, by paying the judgment amount before the deadline. If there is no judgment yet, the amount is what is due under the loan, plus the lender's reasonable costs and fees.

Does the 120-day federal rule cover a rental property in Florida?

No. Under 12 CFR 1024.30(c)(2), the foreclosure review rules in 12 CFR 1024.41 apply only to a loan secured by the borrower's principal residence, which is the main home. A loan on a rental house or a second home is outside them. Florida foreclosure steps and Florida Statutes section 45.0315 still apply.

Can I ask my lender for help after the Florida foreclosure case is filed?

Yes. Under 12 CFR 1024.41(g), a complete application for help sent more than 37 days before the sale stops the servicer from moving for judgment or holding the sale until it decides, with the conditions the rule lists. Send every page the servicer asks for, and keep copies.

Who can claim Florida foreclosure surplus after it is sent to the state?

Florida Statutes section 45.032(3)(c) says only the owner of record reported by the clerk, or a beneficiary of a deceased owner of record, is entitled to the surplus once it has gone to the state. Keep your new address on file with the clerk so the clerk can send you the money.